Richard Alderman

Q. My daughter had a baby and is living with the baby’s father. Are they married? He says they are not. What rights does she have if he leaves? He is taking care of her and the baby but is threatening to leave her.

A. Under the law, if he is the father of the child, she has the right to receive support for the child. She is entitled to child support regardless of whether they are married.

Q. A gravel truck was driving past the entrance to the freeway when I entered. His wheel threw a rock that hit my windshield. I called, and the company said it was not responsible. Who is at fault and how can I get reimbursed for my windshield?

Q. A credit card company sued me and has a judgment against me. Now it has garnished my bank account, and all the money in the account has been taken. I thought there was no garnishment in Texas?

A. With the exception of obligations for child support and student loans, Texas law prohibits wage garnishment. In other words, a creditor who sues for a credit card debt cannot garnish your wages through your employer. Creditors, however, can garnish a bank checking or savings account.

Q. Due to the heavy rain in recent weeks, one of my healthy oak trees fell over onto the driveway of our neighbor, damaging his two vehicles parked in the driveway. Am I liable for the repair costs to his cars?

A. If the trees were healthy and blew over as an act of God, you have no liability. For you to be liable, it is necessary to show that you were “negligent” in caring for your trees, and that negligence is why they fell. You are not legally responsible simply because you are the owner of the property and the trees.

Q. My daughter-in-law received a ticket last year for lack of auto insurance and paid the $250 fine. She thought it was paid in full, but recently she received another bill for $250. When she asked about this bill, she was told that she has to pay the $250 “surcharge” for three years. Is this true? Please explain the lack of insurance fine and its duration.

Q. I was hired by a small company to perform consulting services. They paid me for several months and then stopped. They kept saying I would be paid “soon,” and I believed them. Now it looks like they are not going to pay me. Have I waited too long to sue in Justice Court? How long do I have to sue for money I am owed for consulting services?

Q. I purchased a new pedigree puppy. As soon as I got it home, it became very ill. I immediately brought it to the veterinarian, but after two days and $1,000 in expenses, the puppy died. The vet said that the dog was extremely ill the day I bought it. The seller refuses to help pay the vet bills or even give me my money back. What are my legal rights?

Q. I was sexually assaulted at my apartment. I am very scared to live there and asked the landlord if I could terminate my lease. He said if I left early, I would be breaking the lease and would continue to owe rent. Do I have the right to leave?

Q. A few years ago I remarried. I immediately fell in love with my stepchild and wanted to let him know how much I felt like he was my own. I told him when I bought a new car I would give them my old one. That was almost a year ago and I no longer feel I can afford to give him the car. Am I legally obligated to give him the car as promised?

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